Gallagher v AAG Labour Services Pty Ltd

Gallagher brought an action against AAG Labour Services Pty Ltd alleging that she was not paid for certain hours worked. The statement of claim contained a schedule that calculated the hours Gallagher claimed she had worked, but the figures were unclear. The respondents sought further and better particulars of the statement of claim, and the court was required to decide whether the claim was sufficiently particularised. The court found that the claim was not sufficiently particularised and ordered Gallagher to provide further and better particulars within a specified timeframe. The court also referred the claim and cross-claim to mediation and extended the time for compliance with a previous order. The court reserved costs.

The court found that the claim was not sufficiently particularised because the calculation of hours worked was unclear, and the respondents were entitled to further and better particulars to enable them to properly respond to the claim. The court noted that the particulars should be provided to the extent that it is reasonably practicable for Gallagher to do so within the specified timeframe. The court also found that the respondents were entitled to particulars of every fact, matter, circumstance or thing on which Gallagher relies in order to calculate the 'Total hours worked' alleged in each row of Schedule B to the statement of claim. The court ordered Gallagher to provide these particulars within the specified timeframe.

The court found that the respondents were entitled to further and better particulars of the statement of claim, and the claim was not sufficiently particularised. The court ordered Gallagher to provide further and better particulars within a specified timeframe and referred the claim and cross-claim to mediation. The court also extended the time for compliance with a previous order and reserved costs. The court dismissed the respondents' interlocutory application with respect to all other matters.